Patna High Court
Rocky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
Rocky Kumar was arrested on 11 September 2025 in connection with FIR dated 17 August 2025 alleging offences under Sections 96, 351(2) and 3(5) of the B.N.S., purportedly for enticing a girl and taking her away to solemnise a marriage. The petitioner claimed a clean antecedent and argued that the allegations were fabricated; the alleged victim’s statement recorded under Section 164 of the Cr.P.C. (and Section 183 of the B.N.S.) indicated that she had voluntarily married the petitioner and did not support the prosecution’s case. The State opposed bail, but the court noted the victim’s non‑cooperation with the prosecution and the petitioner’s clean record. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay pending verification.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the alleged offences and the victim’s statement?
- Does the victim’s statement under Section 164 Cr.P.C. affect the bail consideration?
Legislation cited
Subjects
- bail
- criminal procedure
- false allegations
- marriage
- victim statement
- Section 96 B.N.S.
- Section 351(2) B.N.S.
- Section 3(5) B.N.S.
- Section 164 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91473 of 2025
Arising Out of PS. Case No.-599 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Rocky Kumar S/o Suraj Paswan @ Surji Paswan R/o Village - Ghushari, P.S -
Gehlour, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dilip Paswan S/o Walchan Paswan Resident of - Surunga Bigha, P.S -
Fatehpur, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Aryan Singh, learned counsel for the
petitioner and Mr. Lalan Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
11.09.2025 in connection with Fatehpur P.S. Case No. 599 of
2025, F.I.R. dated 17.08.2025 for the offences punishable under
Sections 96, 351(2) and 3(5) of the B.N.S.
3. According to prosecution case, petitioner is alleged
to have enticed her and taken away his daughter with intention
to solemnize marriage with her.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.91473 of 2025(2) dt.13-01-2026
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implicated in the present case. The allegation as alleged is false
and fabricated and the petitioner has not committed any offence
as in the F.I.R. In fact, the petitioner was love with the victim
and later on the victim girl was recovered and her statement was
recorded under section 164 Cr.P.C./183 BNS in which she has
not supported the case of the prosecution and she has stated that
she has performed the marriage with the petitioner and she is
living with the petitioner. The police after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 11.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, victim has not supported the
prosecution case in her statement recorded u/s 164 Cr.P.C./183
BNSS, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gaya in connection with Fatehpur
P.S. Case No. 599 of 2025, with the other following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.91473 of 2025(2) dt.13-01-2026
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and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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